Written Answers Tuesday 22 September 2009

Scottish Executive

Adoption

Willie Coffey (Kilmarnock and Loudoun) (SNP): To ask the Scottish Executive what the average timescale is for an adoption order to be issued, from the time of placement of a child with prospective adoptive parents.

Adam Ingram: We do not hold information centrally on the timescales involved in the issuing of adoption orders.

  The Adoption and Children (Scotland) Act 2007 ("the 2007 Act"), which will come into force on 28 September 2009, requires a child, placed by an adoption agency, to live with a prospective adopter for 13 weeks prior to an adoption order being granted. New court rules have been developed as part of the implementation of the 2007 Act which govern the processes in court for the hearing and disposal of applications for adoption or the new Permanence Order. These court rules will give a framework for the timescales involved from the time a petition for an adoption order is lodged with the court to the point the application is disposed.

Adoption

Willie Coffey (Kilmarnock and Loudoun) (SNP): To ask the Scottish Executive how many applications have been made to courts for adoption orders in each year since 1999, broken down by local authority area.

Adam Ingram: The information requested is not held centrally. However, the General Register Office for Scotland collects information on the number of adoption applications granted in each year. I attach the details in the following table.

  

 Year
 Number of Adoptions


 1999
 489


 2000
 391


 2001
 468


 2002
 385


 2003
 468


 2004
 393


 2005
 439


 2006
 418


 2007
 441


 2008
 418



  Table 2.1, Vital Events Reference Tables 2008, General Register Office for Scotland.

Adoption

Willie Coffey (Kilmarnock and Loudoun) (SNP): To ask the Scottish Executive what steps it has taken to reduce administrative delays in the adoption system.

Adam Ingram: The Adoption Policy Review Group was set up in 2001 to look at adoption practice and law in Scotland. The first report was published in 2003 and looked at practice issues; the second report was published in 2005 and dealt with the legal framework. The Review Group identified a number of issues which needed to be addressed to ensure that the adoption process was timely and efficient in order to meet the needs of the children involved.

  The recommendations of the second report by the Adoption Policy Review Group led to the development of the Adoption and Children (Scotland) Act 2007 ("the 2007 Act"). The 2007 Act, and associated regulations, makes provision for the process of assessing and approving prospective adopters and assessing children as suitable for adoption. It creates new court rules governing the processes for adoption and the new Permanence Order. The new legislation is designed to minimise any delays in the process and ensure that safe, stable and secure placements are found for children who can no longer live with their natural parents. The 2007 Act will come into force on 28 September 2009.

  Alongside the 2007 Act the Scottish Government is supporting the implementation with guidance and training which has been delivered by the British Association for Adoption and Fostering and the Fostering Network to almost 1,000 practitioners and others, such as Children’s Hearing members and local government solicitors. The guidance will provide all those working with the new legislation the necessary tools and good practice to ensure that the system works effectively and efficiently to meet the needs of children.

Adoption

Willie Coffey (Kilmarnock and Loudoun) (SNP): To ask the Scottish Executive, further to the answer to question S1W-14765 by Jack McConnell on 4 April 2001, what change has taken place since April 2001 in the time taken to process applications for approval as prospective adoptive parents.

Adam Ingram: We do not hold information centrally on the timescales involved in processing applications for approval as prospective adopters.

  The Adoption Policy Review Group, referred to in the answer to question S1W-14765, identified a number of issues which needed to be addressed to ensure that the adoption process was timely and efficient in order to meet the needs of the children involved. The recommendations of the Adoption Policy Review Group led to the development of the Adoption and Children (Scotland) Act 2007 ("the 2007 Act"). The 2007 act and associated regulations make provision for a rigorous process of assessing and approving prospective adopters to ensure they meet, and continue to meet, the needs of a child placed with them. The 2007 act will come into force on 28 September 2009 and the Scottish Government is supporting the implementation with guidance and training prepared and delivered by the British Association for Adoption and Fostering and the Fostering Network.

Adoption

Willie Coffey (Kilmarnock and Loudoun) (SNP): To ask the Scottish Executive, further to the answer to question S1W-14765 by Jack McConnell on 4 April 2001, what change has taken place since April 2001 in the proportion of looked-after children who secure a permanent home.

Adam Ingram: We do not hold information centrally on the proportion of looked after children who secure a permanent home.

  The courts in Scotland are required to notify the General Register Office for Scotland when they grant an adoption order. As indicated in the Statistics supplied in the answer to question S3W-27200 on 22 September 2009, there were 418 adoption orders granted in 2008, 67% of those adoptions were by non-relatives. A small number of the non-relative adoptions may have been granted with respect to a child who was looked after outwith Scotland but who was being adopted by adopters resident in Scotland. However, the majority of the non-relative adoptions are likely to involve children who were looked after by a Scottish local authority.

  Adoption is not the only form of permanent option available for children who are looked after by a local authority, and may not be the best option for some of these children. Other options for providing a permanent home to a child who is being looked after by a local authority can include the child returning to their natural parents with support from the local authority or permanent fostering. The Looked After Children (Scotland) Regulations 2009, which will come into force on 28 September 2009, will provide for a robust process for planning for a looked-after child, not only in the short-term, but also the medium and long-term, taking account of all the permanent options available for that child.

  Also, the Adoption and Children (Scotland) Act 2007, which will also come into force on 28 September 2009, introduces a new, flexible court order, the Permanence Order, which is designed to meet the individual needs of a child and to supply them with a permanent home when they cannot return to their natural parents. This order will allow a greater degree of autonomy from the local authority while retaining the safeguard of being a looked-after child.

  All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

Animal Welfare

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive, further to the answer to question S3W-24398 by Roseanna Cunningham on 9 June 2009, whether an order changing the regulation of snaring has been laid before the Parliament.

Richard Lochhead: I expect to lay an Order before Parliament very shortly which will make changes to the regulation of snaring in Scotland.

Central Heating

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it will set out the quality assurance process it carried out as part of Stage Four of the Energy Assistance Package.

Alex Neil: The quality expected for Stage 4 of the Energy Assistance Package is set out in the contract documentation and technical specification issued to the managing agent as part of the scheme.

  The managing agent inspects 100% of households receiving measures under Stage 4 and 5% of those receive a further independent inspection by our monitoring and inspection contractor. Any issues arising through these inspections or through feedback from other sources, such as feedback from householders, is followed up in regular compliance meetings with the managing agent.

Central Heating

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it monitors the rate of spend by local authorities on draught proofing and insulation work for domestic premises in any given financial year to determine whether authorities are able to meet all reasonable demands for such work.

Alex Neil: As a condition of grant under Social Sector Stage 3 of the Energy Assistance Package, local authorities are required to provide an update on progress towards their targets each month and are encouraged to contact officials at an early stage if targets are unlikely to be achieved.

Central Heating

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it has received representations from local authorities about any shortfall between the resources that it allocates for draught proofing and insulation work for domestic premises and the needs identified by local authorities for such work.

Alex Neil: As part of the allocation process, local authorities make officials aware at the outset of the number of properties they estimate can be improved in each year. As requests for funding exceed the available budget, some local authorities did not receive all that was requested by them.

Central Heating

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it is aware of waiting lists for draught proofing and insulation work for domestic premises and, if so, in which local authorities such waiting lists currently exist.

Alex Neil: As provision of this information is not a requirement of the scheme we are not aware of any waiting list which a local authority might hold.

Central Heating

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it has received representations from the City of Edinburgh Council about a shortfall in, or lack of resources for, draught proofing and insulation work for domestic premises.

Alex Neil: City of Edinburgh Council applied for funding through the Stage 3 Social Sector scheme and an award was made. As part of its application, the council made clear the number of households it estimated could be improved in each financial year for which the award was being made. We are not aware of any separate representation.

Central Heating

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive whether it will consider distributing additional resources to local authorities to enable them to carry out draught proofing and insulation work in more homes before the advent of the next heating season.

Alex Neil: The scheme is continually monitored for effectiveness and efficiency and any opportunity to maximise impact from the resources available will be taken.

Central Heating

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive when it plans to conclude the tender process and announce the contractor to deliver Stage Four of the Energy Assistance Package.

Alex Neil: The tender notification for the procurement of a managing agent to deliver Stage 4 of the Energy Assistance Package (EAP) was sent for publication in the Supplement to the Official Journal of the European Union (OJ/S) on 25 July.

  It is anticipated that the tender process will be complete, an announcement made and a managing agent in place to continue delivery of Stage 4 of the EAP by April 2010.

Community Councils

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive whether it will provide an update on the success of the urban and rural pilot schemes involving community councils.

John Swinney: The urban and rural pilots being undertaken by Langside, Battlefield and Camphill Community Council (Glasgow City Council), and Arran Community Council (North Ayrshire Council) are currently on-going and an update will be provided on their completion.

Community Councils

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive what outcomes it hopes to achieve following the establishment of the Association of Scottish Community Councils Ltd.

John Swinney: The Association of Scottish Community Councils is a longstanding body first established in 1993. The association has recently added a company limited by guarantee to its existing structure to carry out its operational work.

  We recognise the important role that community councils can play in local life and we will continue to work with key partners, including the Association of Scottish Community Councils Ltd, as the recognised national representative body for community councils in Scotland, to give every community council in Scotland the opportunity to further develop effective engagement in an open, transparent manner alongside other community organisations, in line with the on-going community empowerment agenda.

Community Councils

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive what it considers to be the remit of the Association of Scottish Community Councils and how this group differs from the Association of Scottish Community Councils Ltd.

John Swinney: The Association of Scottish Community Councils is a longstanding body first established in 1993 and is the national representative body for community councils in Scotland. The Association has recently added a Company Limited by Guarantee to its existing structure to carry out its operational work.

  The Scottish Government consider the remit of the Association of Scottish Community Councils Ltd to be the same as prior to its addition of a Company Limited by Guarantee.

Community Councils

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive whether it provides direct funding to the Association of Scottish Community Councils, the Association of Scottish Community Councils Ltd or both.

John Swinney: The Association of Scottish Community Councils is a longstanding body first established in 1993. It is the national representative body for community councils throughout Scotland and any formally recognised community council may join them.

  The Scottish Government, like previous Scottish administrations, provides direct funding to the Association of Scottish Community Councils.

Community Councils

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive, since the formation of the Association of Scottish Community Councils (ASCC), what responsibility the ASCC has for transparency of financial reports and due process with regard to both the general public and the community councils that it represents.

John Swinney: The Association of Scottish Community Councils is a longstanding body first established in 1993 as the national representative body of community councils throughout Scotland.

  Since the beginning of this financial year, the Scottish Government have required the following:

  Minutes of the ASCC Board of Directors meetings to be published on the website within 14 days of the meeting taking place.

  Completed ASCC annual accounts to be made available to all member community councils and the Scottish Government on request.

Community Councils

Elaine Smith (Coatbridge and Chryston) (Lab): To ask the Scottish Executive whether the Association of Scottish Community Councils and the Association of Scottish Community Councils Ltd have an obligation to hold and report on AGMs.

John Swinney: The Association of Scottish Community Councils is the national representative body of community councils in Scotland. The Scottish Government has no involvement in its day-to-day business.

  The obligation to hold and report on their AGM is outlined in the Association’s Constitution.

Compulsory Purchase Orders

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive, further to the answers to questions S1W-26687 by Hugh Henry on 26 June 2002 and S2W-170 by Margaret Curran on 3 June 2003, how many compulsory purchase orders were instigated and successfully completed by each local authority in 2008, broken down by categories where appropriate.

Alex Neil: The Scottish Government holds information only on those compulsory purchase orders submitted to Scottish ministers as the confirming authority. We do not hold information on those orders instigated by a local authority but not submitted for confirmation or on the outcome of the order following confirmation by ministers.

  The table shows compulsory purchase orders submitted by local authorities to the Scottish Ministers and those confirmed by them within 2008. The following table also shows the purposes for which the orders were made.

  Number of Local Authority Compulsory Purchase Orders Received and Confirmed in 2008

  

 Council
 Purpose
 2008


 Received
 Confirmed1


 Aberdeen City
 Schools
 1
 1


 Aberdeenshire
 Listed Building
 0
 1


 Argyll and Bute
 Housing
 1
 0


 Clackmannanshire
 Planning
 1
 1


 Dundee City
 Planning
 1
 1


 East Ayrshire
 Planning
 1
 0


 East Renfrewshire
 Housing
 0
 1


 Falkirk
 Planning
 0
 1


 Roads
 1
 1


 Fife
 Housing
 1
 0


 Glasgow
 Housing
 3
 0


 Planning
 3
 0


 North Ayrshire
 Housing
 2
 0


 North Lanarkshire
 Housing
 1
 0


 Shetland Islands
 Roads
 1
 1


 South Lanarkshire
 Housing
 1
 0


 Planning 
 0
 1


 Total
 
 182
 9



  Notes:

  1. There are circumstances where Orders have been confirmed in 2008 but were promoted in either 2006 or 2007 and are therefore not noted in the column marked "Received".

  2. Includes three Orders subsequently withdrawn.

Compulsory Purchase Orders

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive what the acquiring authority was for each compulsory purchase order issued in 2008 where Scottish ministers were the confirming authority.

Alex Neil: The following table contains the acquiring authority for those compulsory purchase orders confirmed by the Scottish Ministers in 2008.

  

 Acquiring Authority
 Compulsory Purchase Order


 Aberdeen City Council
 Aberdeen City Council (Abbey Road Lane) Compulsory Purchase Order 2008


 Aberdeenshire Council
 The Aberdeenshire Council (Art Caput, Boyndie, Banff) Compulsory Purchase Order 2006


 Clackmannanshire Council
 The Alloa Station Compulsory Purchase Order 2008


 Dundee City Council
 The Dundee City Council (Erskine Street/Dura Street) Compulsory Purchase Order 2007


 East Renfrewshire Council
 The East Renfrewshire Council (113A Carlibar Road, Barrhead) Compulsory Purchase Order 2007


 Falkirk Council
The Falkirk Council (Stenhousemuir Town Centre Regeneration) Compulsory Purchase Order 2007The Falkirk Council (A905 North of Bowtrees) Compulsory Purchase Order 2008


 Shetland Islands Council
 The Shetland Islands Council (Camp Road Junction, Brae) Compulsory Purchase Order 2007


 South Lanarkshire Council
 The South Lanarkshire Council (North Vennel, Lanark) Compulsory Purchase Order 2006

Compulsory Purchase Orders

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive what proportion of the compulsory purchase orders issued in 2008 was for (a) road schemes, (b) other transport projects, (c) housing, (d) other private developments and (e) other types of project where Scottish Ministers were the confirming authority.

Alex Neil: The following information is based on those compulsory purchase orders confirmed by the Scottish Ministers in 2008.

  

 Project
 Number
 Proportion (%)*


 Road schemes
 3
 33


 Other transport projects
 1
 11


 Housing
 2
 22


 Other private developments
 0
 0


 Other projects
 3
 33


 Total
 9
 100



  Note: *For ease of reference, figures have been rounded to the nearest percentage.

Concessionary Travel

Nanette Milne (North East Scotland) (Con): To ask the Scottish Executive how many injured military veterans are entitled to free travel passes.

Nanette Milne (North East Scotland) (Con): To ask the Scottish Executive how many injured military veterans have been provided with free travel passes.

Stewart Stevenson: At present, there is no eligibility criterion relating specifically to injured military veterans within the Scotland-wide Free Bus Travel Scheme for Older and Disabled People. However, we have agreed that injured military veterans will be added to the scheme from 1 April 2011 and are working with the UK Government to effect that change.

Council Tax

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive whether the council tax exemption relating to deceased owners as laid out in the Council Tax (Exempt Dwellings) (Scotland) Order 1997 applies to deceased tenants.

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive whether any council tax exemption applies to tenants who die before their lease expires.

John Swinney: Deceased tenants are exempted by the 1997 Order, subject to the criteria set out in that Order.

Council Tax

Ken Macintosh (Eastwood) (Lab): To ask the Scottish Executive what legislation or regulations apply to local authorities in pursuing council tax payment from the estate of a deceased tenant who had been solely liable for council tax on their rented property.

John Swinney: The relevant legislation is The Local Government Finance Act 1992 and The Council Tax (Exempt Dwellings) (Scotland) Order 1997.

Defence

Murdo Fraser (Mid Scotland and Fife) (Con): To ask the Scottish Executive what representations it has made to the UK Government since May 2007 in relation to the amalgamation of Scotland’s six regiments into the Royal Regiment of Scotland and the impact that this has had on their cultural identity.

Alex Neil: No representations have been made since 2007 to the UK Government on the amalgamation of Scotland’s army regiments into the Royal Regiment of Scotland. The new regiment was created prior to the Scottish Government election in 2007.

Education

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive what the speed of broadband connection is for primary and secondary schools connected under the Pathfinder North project in the Highlands and Islands.

Jim Mather: Highland Council, the lead partner for Pathfinder North, which has responsibility for all operational matters relating to the Pathfinder North project, has confirmed that the speed of broadband connection for primary and secondary schools connected under the Pathfinder North project in the Highlands and Islands is between 4 Mbps and 12 Mbps. Additionally, many of the secondary schools have been further upgraded with speeds from 12 Mbps to 75 Mbps.

Education

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive whether the broadband connections to primary and secondary schools connected under the Pathfinder North project can be readily scaled up.

Jim Mather: Highland Council, the lead partner for Pathfinder North, which has responsibility for all operational matters relating to the Pathfinder North project, has confirmed that the Pathfinder North network is readily scaleable. Network scaleability was a requirement specified in the procurement of the project.

Education

Peter Peacock (Highlands and Islands) (Lab): To ask the Scottish Executive what the capacity is of the backhaul for the schools connected under the Pathfinder North project.

Jim Mather: This information is not held by the Scottish Government or by Highland Council, the lead partner for Pathfinder North, which has responsibility for all operational matters relating to the Pathfinder North project. Highland Council has however confirmed that network scaleability should not be restricted by any limitations in the backhaul network.

Emergency Workers (Scotland) Act 2005

Marlyn Glen (North East Scotland) (Lab): To ask the Scottish Executive how many charges under the Emergency Workers (Scotland) Act 2005 that have been reported to procurators fiscal in each year since 2005 resulted in a successful prosecution, broken down by section of the Act.

Frank Mulholland: The following table shows (for charges reported in each financial year) the number of charges which resulted in a conviction. A number of charges are still subject of on-going court proceedings and these are also included in the table.

  Charges: Emergency Workers (Scotland) Act 20051,2 

  

 Section
 Charge Outcome
 2005-06
 2006-07
 2007-08
 2008-09
 Total


 S 1(1)
 Convicted
 47
 41
 51
 157
 296


 
 Proceedings still on-going
 0
 1
 1
 22
 24


 S 1(1) Total
 47
 42
 52
 179
 320


 S 2(1)
 Convicted
 44
 120
 103
 49
 316


 
 Proceedings still on-going
 0
 1
 1
 4
 6


 S 2(1) Total
 44
 121
 104
 53
 322


 S 3(1)
 Convicted
 2
 3
 2
 5
 12


 
 Proceedings still on-going
 0
 0
 0
 1
 1


 S 3(1) Total
 2
 3
 2
 6
 13


 S 5(1)
 Convicted
 73
 147
 158
 157
 535


 
 Proceedings still on-going
 0
 2
 1
 20
 23


 S 5(1) Total
 73
 149
 159
 177
 558


 All Sections
 166
 315
 317
 415
 1,213



  Notes:

  1. The information for this question has been extracted from the Crown Office and Procurator Fiscal Service’s Case Management Database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency the database will record details only of the amended charge.

  2. The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

  3. The information in this answer reflects the position on 10 September 2009.

Emergency Workers (Scotland) Act 2005

Gavin Brown (Lothians) (Con): To ask the Scottish Executive how many charges under the Emergency Workers (Scotland) Act 2005 reported to the Procurator Fiscal in the Lothians region have been the subject of court proceedings in each year since 2005, broken down by (a) section of the Act and (b) local authority area.

Frank Mulholland: The Crown Office and Procurator Fiscal Service (COPFS) database does not contain information to identify local authority areas and the individual jurisdictions do not always match the local authority areas. As a result, the information has been split into the Sheriff Court jurisdictions. The following table shows (for charges reported in each financial year) the number of charges which resulted in a prosecution. A number of charges are still subject of on-going court proceedings and these are included in the following table.

  Charges: Emergency Workers (Scotland) Act 20051,2

  

 Sheriff Court
 Section
 Financial Year
 Grand Total


 2005-06
 2006-07
 2007-08
 2008-09


 Duns
 S 11
 2
 0
 0
 0
 2


 
 S 21
 2
 3
 0
 0
 5


 Duns Total
 
 4
 3
 0
 0
 7


 Edinburgh
 S 11
 10
 8
 8
 31
 57


 
 S 21
 9
 25
 13
 4
 51


 
 S 31
 1
 2
 0
 1
 4


 
 S 51
 6
 23
 30
 24
 83


 Edinburgh Total
 
 26
 58
 51
 60
 195


 Haddington
 S 11
 0
 0
 0
 2
 2


 
 S 21
 0
 3
 3
 1
 7


 
 S 31
 0
 1
 0
 0
 1


 Haddington Total
 
 0
 4
 3
 3
 10


 Jedburgh
 S 11
 3
 0
 1
 2
 6


 
 S 21
 2
 1
 1
 0
 4


 
 S 51
 3
 0
 0
 0
 3


 Jedburgh Total
 
 8
 1
 2
 2
 13


 Livingston
 S 11
 0
 0
 0
 6
 6


 
 S 21
 0
 4
 5
 2
 11


 
 S 51
 2
 7
 4
 7
 20


 Livingston Total
 
 2
 11
 9
 15
 37


 Peebles
 S 11
 0
 0
 0
 1
 1


 
 S 21
 1
 0
 0
 0
 1


 
 S 51
 1
 0
 0
 0
 1


 Peebles Total
 
 2
 0
 0
 1
 3


 Selkirk
 S 11
 3
 1
 0
 10
 14


 
 S 21
 2
 3
 0
 2
 7


 
 S 51
 16
 15
 12
 5
 48


 Selkirk Total
 
 21
 19
 12
 17
 69


 Grand Total
 
 63
 96
 77
 98
 334



  Notes:

  1. The information for this question has been extracted from the Crown Office and Procurator Fiscal Service’s Case Management Database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency the database will record details only of the amended charge.

  2. The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

Emergency Workers (Scotland) Act 2005

Willie Coffey (Kilmarnock and Loudoun) (SNP): To ask the Scottish Executive how many charges under the Emergency Workers (Scotland) Act 2005 have been brought in Kilmarnock Sheriff Court in each year since 2005 and how many resulted in a successful prosecution.

Frank Mulholland: The following table shows (for charges reported in each financial year) the number of charges which resulted in a conviction. A number of charges are still subject of on-going court proceedings and these are included in the table.

  Charges: Emergency Workers (Scotland) Act 20051,2 

  

 Charge Outcome
 2005-06
 2006-07
 2007-08
 2008-09
 Total


 Total Charges Prosecuted
 20
 23
 25
 21
 89


 Proceedings still on-going
 0 
 0
 0
 4
 4


 Convicted
 14
 19
 22
 15
 70



  Notes:

  1. The information for this question has been extracted from the Crown Office and Procurator Fiscal Service’s Case Management Database. The database is a live, operational database used to manage the processing of reports submitted to procurators fiscal by the police and other reporting agencies. If a Procurator Fiscal amends a charge submitted by a reporting agency the database will record details only of the amended charge.

  2. The database is charge-based. The figures quoted therefore relate to the number of charges rather than the number of individuals charged or the number of incidents that gave rise to such charges.

  3. The table shows the position recorded as at 10 September 2009.

Environment

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive whether it plans to undertake a review of permitted development rights where existing permitted development rights could result in significant additional greenhouse gas emissions.

Stewart Stevenson: We are reviewing permitted development rights and will consider this issue as part of that process. The current priorities of the review are householder development and microgeneration equipment.

External Relations

Duncan McNeil (Greenock and Inverclyde) (Lab): To ask the Scottish Executive what meetings between Scottish ministers, officials and representatives from the state of Qatar have taken place since 2007.

Michael Russell: The First Minister and the Minister for Enterprise, Energy and Tourism met with Dr Hussein, Executive Board Member of the Qatar Investment Authority, on 7 May 2008. A note of this meeting was included in a letter dated 10 September to Annabel Goldie MSP and a copy can be found in Scottish Parliament Information Centre (Bib. number 49151).

  The First Minister met their Excellencies Dr Khalid Bin Mohammed al-Attiyah, the Qatari Minister for International Co-operation and Khalid al-Hamoudi al-Mansouri, the Ambassador of the State of Qatar to the UK on 11 June 2009. The note of that meeting has been published and is available on the Scottish Government website at http://www.scotland.gov.uk/Resource/Doc/925/0085972.pdf.

External Relations

Bill Kidd (Glasgow) (SNP): To ask the Scottish Executive what cultural, trade or other engagements it has had with Armenia.

Michael Russell: The Scottish Executive does not have active cultural, trade or other engagement with Armenia. However, His Excellency Mr Vahe Gabrielyan, the Armenia Ambasador to the United Kingdom, paid a courtesy call on Mr Nicol Stephen MSP, the then Deputy First Minister, on 6 October 2005.

Forth Crossing

Jim Tolson (Dunfermline West) (LD): To ask the Scottish Executive what mitigation or compensation measures it will provide for any environmental damage that occurs as a result of the proposed construction of the realigned B981 through St Margaret’s Marsh Site of Special Scientific Interest as part of the proposed Forth Replacement Crossing.

Stewart Stevenson: The B981 will be realigned as part of the Forth Replacement Crossing to improve the access to North Queensferry. In so doing, it will encroach on St Margaret’s Marsh SSSI which would result in some loss of habitat.

  At present the SSSI is in a poor condition and Transport Scotland will work with Scottish National Heritage to secure an improvement to the ecology of the site.

  The Environmental Statement is due to be published along with the introduction of the Bill to Parliament in November.

General Practitioners

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive when all GP practices will have an online service (a) to book appointments and (b) for electronic prescription requests.

Nicola Sturgeon: Scottish Government eHealth is supporting the Patient Portal project in NHS Ayrshire and Arran where these and other self care services are being developed. The evaluation of this work will be used to inform next steps in this area.

General Practitioners

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether the new patient management system in general practice will improve basic management data and, if so, for what purpose.

Nicola Sturgeon: Improving basic management data is not the main reason behind procuring new GP practice systems. Nevertheless, the modern systems which will be acquired can be expected to have strong reporting capabilities which can be exploited in support of operational and management purposes.

Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S3W-22915 by Nicola Sturgeon on 6 May 2009, whether the Healthcare Environment Inspectorate has published its detailed operational arrangements for undertaking inspections.

Nicola Sturgeon: These details can now be accessed on the NHS Quality Improvement Scotland website using the following link http://www.nhshealthquality.org/nhsqis/6710.140.1366.html .

Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S3W-22914 by Nicola Sturgeon on 6 May 2009, (a) when and (b) where the pilot visits anticipated to commence in May 2009 actually commenced.

Nicola Sturgeon: Two pilot announced inspections were undertaken in the Beatson Oncology Centre (NHS Greater Glasgow and Clyde) and Perth Royal Infirmary (NHS Tayside) during June and July 2009.

Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S3W-22914 by Nicola Sturgeon on 6 May 2009, whether the pilot visits have been evaluated and, if so, whether the evaluation will be published.

Nicola Sturgeon: Two pilot announced inspections were undertaken in the Beatson Oncology Centre (NHS Greater Glasgow and Clyde) and Perth Royal Infirmary (NHS Tayside) during June and July 2009. The key learning points were published on:

  http://www.nhshealthquality.org/nhsqis/6710.140.1366.html.

Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S3W-22914 by Nicola Sturgeon on 6 May 2009, when the programme of inspections will be rolled out.

Nicola Sturgeon: Announced inspections will commence on 29 September 2009. The full programme for the first year of operation has been notified to NHS boards. A programme of unannounced inspections is also being rolled out.

Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, further to the answer to question S3W-22912 by Nicola Sturgeon on 6 May 2009, whether each inspection team will have a former infection control nurse.

Nicola Sturgeon: Arrangements with regard to the composition of inspections is available from the NHS Quality Improvement Scotland website using the following link:

  http://www.nhshealthquality.org/nhsqis/6710.140.1366.html.

  The inspection teams will comprise the required expertise and competencies.

Health

Bill Butler (Glasgow Anniesland) (Lab): To ask the Scottish Executive what awards have been made in the NHS Greater Glasgow and Clyde area from the Healthy Living Centre Transition Fund since 2008, broken down by (a) amount, (b) receiving organisation and (c) date.

Nicola Sturgeon: To date (18 September 2009) the Scottish Government has granted a total of £976,226 during 2008-10 to NHS Greater Glasgow and Clyde from the Healthy Living Centre transition fund. The following table shows how this is broken down by amount, receiving organisation and date.

  

 Healthy Living Centre
 Transition Funds Granted
 Date


 Financial Year 2008-09


 Stepwell-Inverclyde Healthy Living Centre
£99,800
 April 2008


 Gorbals Healthy Living Network
£100,000
 April 2008


 Barlanark Community Health Shop
£70,000
 April 2008


 The Annex
£64,000
 April 2008


 Deaf Blind Scotland
£90,000
 April 2008


 Health Connect
£67,370
 April 2008


 Total
£491,170
 


 Financial Year 2009-10


 Deaf Blind Scotland
£70,000
 April 2009


 Gorbals Healthy Living Network
£70,000
 April 2009


 East End Healthy Living Centre
£70,000
 April 2009


 Barlanark Community Health Shop
£70,000
 April 2009


 Stepwell-Inverclyde Healthy Living Centre
£70,000
 April 2009


 The Chinese Healthy Living Centre
£70,000
 April 2009


 The Annex
£65,056
 April 2009


 Total
£485,056

Health

Irene Oldfather (Cunninghame South) (Lab): To ask the Scottish Executive what guidance it issues to NHS boards with regard to ensuring that the dignity of patients dying in hospital is respected.

Nicola Sturgeon: Guidance was issued to NHS boards in October 2008 when the Scottish Government launched Living and Dying Well , Scotland’s first national action plan for the provision of palliative and end of life care. This is available from:

  www.scotland.gov.uk/Publications/2008/10/01091608/0.

Heritage

Murdo Fraser (Mid Scotland and Fife) (Con): To ask the Scottish Executive what it is doing to promote Brechin as a tourist town and a hub for Pictish, Roman and Viking history.

Michael Russell: As with all areas of Scotland, Angus is marketed by VisitScotland based on its considerable strengths and its ability to deliver what visitors are looking for on their visit. VisitScotland uses a range of channels including websites, direct mail and PR activity to reach potential visitors across Scotland, the UK and international markets. Angus’ strengths include its many castles and country parks, its Pictish trail and historical centres like the Pictavia Visitor Centre in Brechin and Edzell Castle.

Housing

Jamie Hepburn (Central Scotland) (SNP): To ask the Scottish Executive whether its Housing Investment Division has a locus in deciding whether changes sought by registered social landlords to their structure should go ahead.

Alex Neil: Changes to a registered social landlord’s governance and structure are a matter for the organisation to decide themselves with appropriate consent from the Scottish Housing Regulator. Housing Investment Division does not decide such changes.

Housing

Hugh O'Donnell (Central Scotland) (LD): To ask the Scottish Executive how the domestic property values by which eligibility for support from its mortgage support schemes is calculated were arrived at.

Alex Neil: Maximum price ceilings (or thresholds) have been set at the lower quartile (lowest 25%) price level, based on actual house sales data in each area. Lower quartile is the price where 25% of sales fall at or are below. Lower quartile is a commonly used measure for identifying affordable housing in the private sector. Using lower quartile as the base allows us to target funding towards those families in greatest need and unable to trade down in the housing market. Maximum price ceilings are set for property sizes of between two and six apartments – an apartment is any room in a house, excluding kitchens, bathrooms, hallways and utility rooms. Setting prices by size of property ensures that families requiring a larger property are not disadvantaged.

  In rural areas a 10% uplift has been applied and in the three remote island local authorities, the median (the price at which 50% of sales fall at or are below) is used instead of the lower quartile in recognition of the particular pressures faced by these communities and the low number of house sales in these areas. All maximum price ceilings are rounded up to the nearest £5,000.

Justice

Robert Brown (Glasgow) (LD): To ask the Scottish Executive whether the Cabinet Secretary for Justice has the power to order disclosure of the evidence compiled by the Scottish Criminal Cases Review Commission regarding Abdelbaset Ali Mohmed Al Megrahi’s recently dropped second appeal and, if so, whether he will do so.

Kenny MacAskill: No, I do not have the power to order disclosure of evidence. Section 194J of the Criminal Procedure (Scotland) Act 1995 prevents the Scottish Criminal Cases Review Commission from disclosing any information obtained by it in the exercise of its functions, subject to exceptions set out in section 194K. I am considering making an Order under section 194K(1)(f), which would relax this restriction. Other restrictions, such as those in the Data Protection Act 1998 and the Human Rights Act 1998, would remain in place and would need to be considered to determine what information could be disclosed.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive for what reason a person sectioned under the Mental Health (Care and Treatment) (Scotland) Act 2003 is not allowed to change their responsible medical officer or seek private mental health care instead.

Nicola Sturgeon: NHS boards have procedures in place to allow for a change of Responsible Medical Officer (RMO) and for seeking second opinion medical reports.

  The Compulsory Treatment Order (CTO) made by the Mental Health Tribunal will specify the hospital for treatment or the care package in the community; this may include, where appropriate, an independent health care facility. Volume 2, Chapter 3 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on potential conflicts of interest where treatment in an independent health care service is proposed.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it collects information on the number of people who (a) felt that had they benefited from and (b) complained about being sectioned under the Mental Health (Care and Treatment) (Scotland) Act 2003.

Nicola Sturgeon: This information is not collected centrally. Complaints from individuals about being subject to compulsory measures of treatment under the Mental Health (Care and Treatment) (Scotland) Act 2003 are made locally to the appropriate NHS board.

  For short term detention certificates (STDCs), statistics in relation to those who challenge their having been made subject to the certificate may be inferred by the numbers who appeal to the Mental Health Tribunal against the STDC. An individual can appeal to the Mental Health Tribunal for a revocation of a STDC, and Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on this. Approximately 100 applications for revocation of a STDC are made each quarter, of these around 50% are withdrawn before being heard and between 10 to 25% are revoked. Source Mental Health Tribunal quarterly statistics:

  http://www.mhtscotland.gov.uk/mhts/files/Quarterly%20Report%20April%20to%20June%202009.pdf.

  For Compulsory Treatment Orders (CTOs), these longer term orders may be made directly by the tribunal on the application of a mental health officer, and following a Tribunal hearing at which the patient will have been involved to give their view. Again, the most recent Mental Health Tribunal quarterly statistics (for April to June 2009) provide an indication of the percentages of CTOs made by the tribunal (around 77%) of those applied for. Thereafter, statistics in relation to those who continue to object to the CTO having been granted by the Tribunal might be inferred from the number of appeals made to the Sheriff Principal under the statutory mechanisms. In the period September 2008 to August 2009 inclusive the tribunal was served with 14 appeals to sheriff principals, not all of which went to full hearings having been dismissed as incompetent or because the appellant no longer wished to appeal; it should also be noted that not all of those appeals from the tribunal will have been made by patients, some may have been made by health boards.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers that no individual detained under the Mental Health (Care and Treatment) (Scotland) Act 2003 should be forcibly medicated during an appeal until a tribunal has established that the person in question has a mental illness and that the medication is likely to be of significant benefit.

Nicola Sturgeon: There are three ways in which a person may be subjected to compulsory measures of treatment under the civil regime in the Mental Health (Care and Treatment) (Scotland) Act 2003 ("the 2003 Act"), namely: (a) emergency detention; (b) short-term detention, and (c) long-term detention or compulsory measures under the authority of a compulsory treatment order. In addition, mentally disordered offenders may be made subject to compulsory measures of treatment by the courts under the Criminal Procedure (Scotland) Act 1995 ("the 1995 Act").

  The majority of compulsory measures of treatment for mental disorder are first approved by either the Mental Health Tribunal for Scotland under Part 7 of the 2003 Act (compulsory treatment orders) or by a court under the 1995 Act in relation to mentally disordered offenders. The two exceptions to this prior authority for treatment for mental disorder by a court or tribunal are: civil emergency detention under Part 5 of the 2003 Act, and short-term detention under Part 6 of the 2003 Act.

  In relation to emergency detention, the authorised period of detention is just 72 hours and the purpose of the detention is to determine what medical treatment requires to be provided to the patient. There is no general authority to give treatment for mental disorder under an emergency detention certificate.

  A short-term detention certificate does enable treatment to be given, in accordance with part 16 of the 2003 Act. Volume 1, Chapter 10 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on the provision of medical treatment for mental disorder which are set out in part 16, including the issue of consent.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers that, as a matter of course, the solicitor representing a person detained under the Mental Health (Care and Treatment) (Scotland) Act 2003 should be able to cross-examine the responsible medical officer and the mental health officer to test whether the criteria for compulsory treatment are met.

Nicola Sturgeon: Volume 2, Chapter 7 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on the processes involved in preparing an application for a compulsory treatment order. This includes guidance on the involvement of the Mental Health Tribunal which determines the application and on the individuals who will be allowed to give evidence at a hearing.

  The Mental Health Tribunal has a wide discretion in terms of its powers to allow a patient’s solicitor to examine the responsible medical officer and the mental health officer’s evidence. The tribunal also has wide powers of its own to inquire into the evidence available. Scottish ministers would expect that a patient’s legal representative would have the opportunity to examine the evidence before the tribunal and that the tribunal would otherwise probe the evidence itself.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers that a short-term detention certificate is invalid if either the approved medical practitioner or the mental health officer has failed to fulfil their duties as specified in sections 44(10) and 45 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

Nicola Sturgeon: Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice clearly sets out the procedures which must be followed before a short-term detention certificate may be granted. The duty on the approved medical practitioner under section 44(10) of the 2003 Act to consult the patient’s named person is subject to the caveat at subsection (11) of section 44, that he or she need not consult the named person where it is impracticable to do so. Likewise, the duty on the mental health officer to interview the patient and take the other required steps before deciding whether to consent to the granting of a short-term detention certificate is subject to the caveat at subsection (2) of section 45, where it is impracticable to do so.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers it possible for a person sectioned under the Mental Health (Care and Treatment) (Scotland) Act 2003 to have no mental illness.

Nicola Sturgeon: One of the criteria for a person to be made subject to compulsory measures of treatment under the Mental Health (Care and Treatment) (Scotland) Act 2003 is that they have a mental disorder. I refer the member to the answer to question S3W-27157 on 22 September 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx .

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what its position is on the view that the treatment of a person sectioned under the Mental Health (Care and Treatment) (Scotland) Act 2003 is too reliant on the skills and integrity of the responsible medical officer assigned to that person under the act.

Nicola Sturgeon: Volume 2, Chapter 7 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice details the procedures to be followed by the responsible medical officer (RMO). Where practicable the RMO must consult a Mental Health Officer (MHO) and obtain their consent to the granting of the emergency detention certificate. Where MHO consent is refused the emergency detention certificate may not be granted and the patient may not be detained.

  A range of professionals are involved in the care and treatment of an individual under the act. An individual who is required to receive care and/or treatment will have an MHO appointed to work for them. The MHO’s responsibilities include interviewing the individual, advising them of their rights, providing consent for the individual to be assessed or treated in hospital under compulsory measures, applying for a CTO and advising the Mental Welfare Commission and the individual’s named person if they have been detained in hospital or when an application is being made for a CTO. The MHO may also liaise with hospital staff and other members of the multi-disciplinary team involved in the care of an individual.

  Anyone carrying out duties or giving someone treatment under the act, e.g. doctors, nurses and social workers, has to follow the principles set out in the act which are to ensure that individuals are treated with respect. This includes taking account of; the patient’s past and present wishes about their care and treatment; the views of their named person, guardian or welfare attorney; the range of options available for their care and treatment; what will ensure the maximum benefit for them; making sure that they are not being treated any less favourably because they are being treated under the act, and the individual’s abilities and background.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what its response is to the Scottish Association for Mental Health (SAMH) report, All you need to know?: Scottish Survey of People’s Experience of Psychiatric Drugs , which reported that most mental health service users experienced unwanted effects when given antipsychotic drugs and many found them unhelpful.

Nicola Sturgeon: Antipsychotic medicines are an important group of medicines that are very effective in the treatment of conditions such as schizophrenia, agitation, anxiety, mania and aggression. The use of such medicines is recommended within clinical guidelines such as those produced by the Scottish Intercollegiate Guidelines Network (SIGN).

  As with all medicines, the available data on efficacy and safety are carefully considered at the time of licensing to ensure the benefits outweigh any potential risks. Once marketed, the safety of all medicines, including antipsychotics, is monitored by the Medicines and Healthcare products Regulatory Agency (MHRA) and the independent scientific expert advisory group the Commission on Human Medicines. Any new safety concerns that arise are thoroughly evaluated and the balance of risks and benefits is kept under continuous review.

  All medicines have the potential to cause unwanted side-effects. The side-effects associated with antipsychotic medicines are well recognised and information and guidance on the use of these treatments is available from a number of sources such as the British National Formulary www.bnf.org and the Patient Information Leaflet, which should be supplied with the medicine.

  In every case, the decision whether or not to prescribe any treatment for a patient depends on the clinical judgement of the doctor concerned wherever possible in consultation with the patient and also bearing in mind the risks and benefits of treatment.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers it acceptable that at least one person with mental health problems has had to be put on a life support machine after being given an antipsychotic drug.

Nicola Sturgeon: It is always a matter of regret if any patient experiences a serious adverse event associated with medication. The risks associated with medicines must be considered against the potential benefits of the treatment and antipsychotics are extremely effective medicines for the treatment of serious conditions including schizophrenia, agitation, anxiety, mania and aggression. The decision to treat a patient with an antipsychotic drug is primarily based on clinical judgement taking into account the patient’s condition as well as the risks and benefits of treatment.

  The Medicines and Healthcare products Regulatory Agency (MHRA) and the expert independent scientific advisory group the Commission for Human Medicines continuously monitor the safety of all medicines available on the UK market. The MHRA ensures that all medicines are supplied with product information which accurately reflects current knowledge and contains the necessary information to aid the safe use of medicine. This includes information about risk minimisation measures for important risks and, where appropriate, also as advice about how patients should be monitored and under what circumstances consideration should be given to stopping the medicine.

  More generally, it is important to note that the occurrence of an adverse event may not necessarily mean that it was caused by the medicine. Many factors have to be taken into account in assessing causal relationships, including the possible contribution of concomitant medication and the patient’s underlying condition.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers it possible that some psychiatrists might occasionally misdiagnose a person as having a psychotic condition.

Nicola Sturgeon: There are, at present, two established international classification systems for mental disorders - ICD.1O and DSM-IV which have specific criteria laid down which have to fulfilled to enable a diagnosis to be made.

  Sometimes a diagnosis may change e.g. an individual may appear to have a psychotic condition such as schizophrenia, due to drug taking, which then disappears after treatment and drug withdrawal.

  Also throughout a lifetime an individual’s diagnosis may change as different symptoms emerge.

  If an individual has concerns that they have been misdiagnosed then there are a range of options open to them, including that: they may ask for a second opinion; they may apply to the tribunal for revocation of the order; or they may contact the Mental Welfare Commission to look into their complaint.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers that the mental health officer asked to consent to the granting of a short-term detention certificate under the Mental Health (Care and Treatment) (Scotland) Act 2003 should not interview the person to whom the certificate applies in the presence of the psychiatrist who has granted the certificate.

Nicola Sturgeon: Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on the mental health officer’s interview with the patient. The guidance does not stipulate who may or may not be present at such interviews, although it is expected that independent interviews with the patient by medical professionals would be carried out separately. This is an issue which has already been drawn to officials’ attention and will be considered in the next review of the Code of Practice.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it considers that a mental health officer (MHO) who consents to the granting of a short-term detention certificate under the Mental Health (Care and Treatment) (Scotland) Act 2003 should, where practicable, have interviewed the person in question for longer than a few minutes, in particular when the MHO has not met the person previously.

Nicola Sturgeon: Section 45(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 places an mental health officer (MHO) under a duty to interview a patient before the granting of a short-term detention certificate. This is reinforced in Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice, which provides guidance and best practice as regards the full duties on the MHO, including their interview with the patient, ascertaining the name and address of the patient’s named person, and informing the patient of independent advocacy rights.

Mental Health

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive, when a mental health officer (MHO) interviews a person prior to consenting to the granting of a short-term detention certificate under the Mental Health (Care and Treatment) (Scotland) Act 2003, whether the MHO should produce a report to be made available to the person in question.

Nicola Sturgeon: There is no requirement for a written report to be made available, although this may be done in practice. Volume 2, Chapter 2 of the Mental Health (Care and Treatment) (Scotland) Act 2003 Code of Practice provides guidance on procedures to be followed before the granting of a short-term detention certificate.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what steps it has taken to consolidate planning policy guidance into a single document.

Stewart Stevenson: The consolidated SPP sets out existing planning policy taken from the current Scottish Planning Policy (SPP) and National Planning Policy Guideline (NPPG) series. Advice, contextual information and duplication have been removed to enable a focus on the policy.

  The consolidation of the SPP and NPPG series was announced in October 2008. A series of pre-consultation meetings were held with key stakeholders in January and February 2009, supplemented with direct meetings between government officials and stakeholders. A series of consultation events were held around Scotland in April and May 2009 to explain the draft SPP. Direct meetings between officials and stakeholders have continued during and after the consultation period.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what representations it has received from environmental NGOs and business groups regarding its intention to consolidate planning policy guidance into a single document.

Stewart Stevenson: One hundred and ninety-six responses were received following the consultation on the draft consolidated Scottish Planning Policy. Eighteen of these responses were from business groups and 28 were from environmental organisations.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what support it has received for its proposals to consolidate planning policy guidance into a single document.

Stewart Stevenson: Support in principle for the consolidation of the Scottish Planning Policy (SPP) and National Planning Policy Guideline (NPPG) series into a single, shorter document has been expressed by most stakeholders before, during and after the consultation. Following publication of the draft, some stakeholders expressed concern about the extent of the rationalisation but only a small minority do not agree with the principle of the consolidation. All consultation responses are being considered and will be taken into account when the consolidated SPP is finalised.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what meetings ministers have had with interested parties about concerns regarding a lack of detail contained in the proposed single planning policy guidance document.

Stewart Stevenson: All meetings have been between government officials and interested parties.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive whether a commitment to sustainable development remains an explicit component of the proposed single planning policy guidance.

Stewart Stevenson: Yes.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what representations it has received regarding the absence of an explicit commitment to sustainable development in the proposed consolidated planning policy guidance.

Stewart Stevenson: A significant number of representations asked for the sustainable development section of the Scottish Planning Policy (SPP) to be reworked to provide clearer and more substantive policy direction on the contribution of the planning system to achieving sustainable development. The section is being redrafted with input from stakeholders and will be published as part of a further consultation on parts of the consolidated SPP this autumn.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive whether it will seek to make a statement to the Parliament on its intentions regarding the consolidation of planning policy guidance and, if so, when it plans to bring this to the Parliamentary Bureau for discussion.

Stewart Stevenson: The single Scottish Planning Policy (SPP) is a consolidation of existing policy rather than a review of policy. Scottish ministers intend to notify Parliament by means of a letter to the Convenor of the Local Government and Communities Committee prior to publication of the consolidated SPP.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive whether it is aware of concerns among a cross-section of interested parties that a lack of detail in a future, single planning policy guidance document could introduce greater uncertainty, delay and cost into the planning process.

Stewart Stevenson: We are aware of these concerns and will be taking the comments of these parties into account when finalising the consolidated Scottish Planning Policy, alongside the comments of those who support the consolidation on the basis that national planning policy is clearer and easier to understand.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive what responses it has received to its consultation on the consolidation of planning policy guidance and whether it will make these responses public.

Stewart Stevenson: One hundred and ninety-six responses to the consultation on the consolidated Scottish Planning Policy were received. These, together with an analysis of consultation responses will be published in October.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive when it will publish the responses to its consultation on the consolidation of planning policy guidance.

Stewart Stevenson: In October we will be starting a further phase of consultation on the consolidated Scottish Planning Policy (SPP) to reflect legislative changes since the publication of the draft SPP and in response to representations made on the consultation. A six week consultation on these policy changes will provide a further opportunity to consider the government’s response to some of the issues raised in the consultation.

Planning

Liam McArthur (Orkney) (LD): To ask the Scottish Executive when it will publish its response to the representations it has received during its consultation on the proposed consolidation of planning policy guidance.

Stewart Stevenson: The Scottish Government does not provide responses to individual representations received during consultations.

Planning

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive, following the Climate Change (Scotland) Act 2009 receiving Royal Assent, whether it plans to undertake an early review of the second National Planning Framework to ensure that it is compatible with the act, and what its reasons are for its position on this matter.

Stewart Stevenson: We are currently engaging with lead partners and delivery bodies on the implementation of the strategy set out in the second National Planning Framework, as it has an important part to play in achieving greenhouse gas emission targets. We will consider the need to revise the National Planning Framework in accordance with the provisions of planning legislation.

Planning

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive what consideration was given to the impact of additional greenhouse gas emissions that may result from the policy and the national developments put forward in the second National Planning Framework.

Stewart Stevenson: The potential impacts of the National Planning Framework (NPF) strategy and candidate national developments on greenhouse gas emissions were considered as part of the strategic environmental assessment of the second NPF (NPF2). The potential impacts of candidate national developments on greenhouse gas emissions were also considered as part of their assessment against the criteria for national developments announced by the Cabinet Secretary for Finance and Sustainable Growth in September 2007.

  The NPF2 Assessment Matrix of Candidate National Developments Against the National Development Criteria is the Government’s record of the assessment of suggested national developments against the criteria announced by the Cabinet Secretary and can be found on the Scottish Government’s NPF webpage at:

  http://www.scotland.gov.uk/Publications/2009/01/13143421/0.

Planning

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive how it will assist local planning authorities to comply with section 3F of the Town and Country Planning (Scotland) Act 1997, as introduced by section 72 of the Climate Change (Scotland) Act 2009, in general and specifically where a national development with significant carbon impacts has been identified in their development plan area.

Stewart Stevenson: We are currently considering how best to support planning authorities in discharging their statutory duty under section 3F of the Town and Country Planning (Scotland) Act 1997.

  Measures appropriate to minimise and mitigate any impacts of national developments on greenhouse gas emissions will be considered as part of our engagement with planning authorities and other delivery partners on the implementation of the National Planning Framework Action Programme.

Planning

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive whether it considers that carbon impact is a material consideration in determining applications for planning and related consents.

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive whether it considers that an application for planning or other consent could be refused on carbon-impact grounds.

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive whether it considers that an application for planning or other consent for a proposed development identified as a national development in the second National Planning Framework could be refused on carbon-impact grounds.

Stewart Stevenson: This would depend on the nature of the consents involved in a particular case. The range of potential material considerations is very wide and can only be determined in the context of each case, but may include carbon impact. It is for the decision maker to decide if a consideration is material and the weight to be attached to it when deciding whether to grant or refuse planning permission. The Climate Change (Scotland) Act 2009 will place a duty on public bodies to exercise their functions in a way best calculated to contribute to the delivery of carbon reduction targets.

Planning

Alison McInnes (North East Scotland) (LD): To ask the Scottish Executive which statutory body provides advice to Scottish ministers and local planning authorities on the carbon impact of proposed projects or plans.

Stewart Stevenson: All public sector plans, programmes and strategies that could have significant environmental effects require to be subjected to a strategic environmental assessment (SEA) under the Environmental Assessment (Scotland) Act 2005. SEA includes consideration of "climatic factors". The Scottish Environment Protection Agency (SEPA) (along with Scottish Natural Heritage and Historic Scotland) is a statutory Consultation Authority within the SEA process, and is therefore required to respond to outputs from the process. Carbon impacts will, where appropriate, also be an important part of the environmental impact assessment (EIA) process for specific projects. SEPA is a Consultation Body under EIA Regulations.

Rail Network

John Farquhar Munro (Ross, Skye and Inverness West) (LD): To ask the Scottish Executive whether it will request that Network Rail improves the fencing between the railway line and the A835 near Loch Garve.

Stewart Stevenson: The maintenance of the railway is an operational matter for Network Rail. Network Rail advises it is aware of the state of the fencing at that location and has conducted a scoping exercise to determine the appropriate approach to carry out repairs.

Regeneration

Patricia Ferguson (Glasgow Maryhill) (Lab): To ask the Scottish Executive whether it plans to evaluate the benefit and success of the Town Centre Regeneration Fund before making any decision on continuing the fund in 2010-11.

Alex Neil: While there are currently no plans for a continuation of the fund in 2010-11, the impact of the fund will be evaluated and good practice captured.

Regeneration

Patricia Ferguson (Glasgow Maryhill) (Lab): To ask the Scottish Executive what factors will determine whether a Town Centre Regeneration Fund will be provided in 2010-11.

Alex Neil: The Town Centre Regeneration Fund was introduced for the financial year 2009-10 only, making £60 million available to town centres across Scotland. There are no current plans for further provision in 2010-11.

Regeneration

Patricia Ferguson (Glasgow Maryhill) (Lab): To ask the Scottish Executive when it expects to be in a position to announce whether it will continue to provide a Town Centre Regeneration Fund in 2010-11.

Alex Neil: There are no current plans for provision of a Town Centre Regeneration Fund in 2010-11.

Roads

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what action it will take to improve the road following the recent landslip on the A83 at the Rest and be Thankful.

Stewart Stevenson: This is a complex site and our key priority is the safety of the road users. An improvement scheme which is planned for next year will be reassessed following the recent landslide. Work will involve building a culvert under the road and strengthening the embankment below the road and installing new drainage above and below the road. Construction is expected to start in early spring 2010, pending completion of statutory procedures.

Roads

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what volume of traffic uses the A83 per annum.

Stewart Stevenson: Traffic flows on the trunk road section of the A83 range from an Average Annual Daily Flow (AADF) of 5,027 vehicles per day between Arrochar and Tarbet to 2,805 vehicles per day at Castleton, north of Tarbert. It is not possible to quantify the volume of traffic that uses the entire A83 as the flow of traffic varies along the route.

Roads

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what work has been identified in the Strategic Transport Review to improve the A82 and when this work will commence.

Stewart Stevenson: The Strategic Transport Projects Review (STPR) has recommended a targeted programme of measures to improve road standards on the A82 between Glasgow and Oban/Fort William and reduce accident severity rates between Fort William and Inverness.

  In addition to a general upgrade of the route, the measures would include:

  carriageway widening at selected locations between Tarbet and Inverarnan and Corran Ferry and Fort William, and

  physical works including climbing lanes at Loch Tulla, overtaking lay-bys aimed at providing safer overtaking opportunities and improving journey time reliability and safety targeted measures such as hard strips, junction improvements and local realignment.

  On the section between Fort William and Inverness, measures recommended to reduce accident severity include physical works aimed at providing safer overtaking opportunities, hard strip provision for agricultural vehicles and junction improvements.

  A timetable for undertaking this work will be set in the context of overall affordability and our commitments to other STPR proposals.

  Within the current programme work is progressing to deliver improvements at Pulpit Rock and a new Western bypass at Crianlarich. We are currently engaging with interested stakeholders, including Hitrans and SPT to discuss a vision for the A82.

Scottish Government Publications

George Foulkes (Lothians) (Lab): To ask the Scottish Executive what the cost was of printing and publishing Europe and Foreign Affairs: Taking Forward our National Conversation .

Michael Russell: The total cost of printing and publishing the document was just over £6,800.

Student Finance

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether war pensions are counted as income when considering applications for student bursaries and, if so, whether this has always been the case.

Fiona Hyslop: War pensions are treated like all pension income and since 1 August 2008 have counted as income in the assessment of student support in both higher and further education. This is in line with the policy of other UK Government Departments, including the Department for Work and Pensions.

  The issue of war pensions is currently being considered by the Scottish Government.

Teachers

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive for what reasons it considers it reasonable for each local authority to require a different disclosure arrangement for each supply teacher when the relevant teacher has a record of service in other local authority areas where disclosure has taken place.

Adam Ingram: There is no requirement in the Police Act 1997 (the legislation under which Disclosure Scotland operates) for criminal record checks to be carried out. It is, however, an offence (under the Protection of Children (Scotland) Act 2003) for an employer to offer such work to someone who is disqualified. It is also an offence for someone who is disqualified from working with children to seek work in a child care post in Scotland. Teaching is a child care post and a prospective employer would have to be satisfied that an offence was not being committed with regard to a new member of staff.

  Current Disclosure Scotland checks are not transferable because they are post-specific meaning that their content could vary from employer to employer. Also, employers cannot share certificates with each other. The subject of the check can show his or her certificate to anyone but that does not mean that a future employer would be willing to accept one from an earlier date.

  Under arrangements to be introduced next year, teachers – and others working with vulnerable groups – will apply once to join the new Protecting Vulnerable Groups Scheme. Once they are a member of this scheme, employers would be notified of any change in the disclosure status of their employees. Any new employer would be able to perform a simple check to ensure that a prospective new employee to work with vulnerable groups is already a member of the scheme.

  A Disclosure Scotland check is one aspect of good recruitment practice and it should be used in conjunction with interviewing, taking up references and exploring career history. Local authority recruitment policy and employment decisions are matters for councils and it would not be appropriate for ministers to comment on either.

Teachers

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive, given the shortage of teaching positions and the rise in those seeking teaching supply positions, whether it will consider making teaching disclosure arrangements portable so that there are no unnecessary delays in supply teachers securing work.

Adam Ingram: It has been recognised that a Disclosure Scotland check is valid only on the day of issue. This means that they are not portable and this can be a burden for some users. This will change when the Protection of Vulnerable Groups (Scotland) Scheme ("PVG Scheme") is introduced next year.

  The PVG Scheme will establish a membership scheme that people doing regulated work (and that includes teaching) will be able to join. The PVG Scheme will be membership-based and workforce specific. This means that membership will be portable between posts in the same workforce. One advantage for the scheme member and the prospective employer is that once someone is in the PVG Scheme, a full written application will not be needed if the teacher moves to a new post in a different council area. A scheme record update will be available that will confirm to the new employer that membership is still valid.

  At week ending, 6 September 2009, the average turnaround time for standard and enhanced applications that were correctly completed and which did not require further enquiries disclosures was 7.6 days. An enhanced disclosure would be the level requested for teaching positions.

Traffic

David Stewart (Highlands and Islands) (Lab): To ask the Scottish Executive when it expects the Scotland Transerv report regarding congestion on the Kessock Bridge to be published.

Stewart Stevenson: The report is now expected to be published at the end of December 2009. This is due to the need for more detailed traffic impact assessments to be carried out in relation to committed development proposals in this area.

Waste Management

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it will commission an analysis of existing recycling activity undertaken by public sector bodies.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it will monitor the proportion of (a) paper, (b) metal, (c) plastic, (d) glass, (e) food and (f) waste oils discarded by public sector bodies.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it will regularly publish statistics on the proportion of (a) paper, (b) metal, (c) plastic, (d) glass, (e) food and (f) waste oils discarded by public sector bodies.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how it will demonstrate best zero waste practice in relation to waste prevention.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how it intends to demonstrate best zero waste practice in relation to re-use.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how it will demonstrate best zero waste practice in recycling.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how it will report on progress towards achieving zero waste.

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it has made, or will make, an estimate of the financial costs to local authorities of achieving zero waste.

Richard Lochhead: The consultation draft of Scotland’s Zero Waste Plan is clear that all parts of the public, voluntary & private sectors need to demonstrate best Zero Waste practice in areas such as waste prevention, re-use, recycling and sustainable procurement. The consultation document can be found at http://www.scotland.gov.uk/Publications/2009/08/19141153/0 .

  As part of the consultation exercise and the process of finalising the Zero Waste Plan, the Scottish Government will consider future requirements for monitoring progress, as well as building the evidence base to achieve consistency between zero waste and sustainable economic growth. The Scottish Government will produce progress reports on Zero Waste achievements.

Waste Management

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive whether it will monitor the proportion of (a) paper, (b) metal, (c) plastic, (d) glass, (e) food and (f) waste oils that it discards.

Richard Lochhead: Current information on Scottish Government waste arisings is detailed in the Scottish Government Environmental Performance Annual Report for 2007-08 which was published in May 2009, copies of which are available in the Scottish Parliament Information Centre (Bib. number 48458).

Waste Management

Elaine Murray (Dumfries) (Lab): To ask the Scottish Executive how it will demonstrate best zero waste practice in sustainable procurement.

Richard Lochhead: The forthcoming Scottish Sustainable Procurement Action Plan will give guidance to public sector organisations on how to procure more sustainably. The action plan will include reference to some key points on how to minimise waste, for example by considering how to avoid waste when drawing up contractual requirements. This would ensure that construction contractors have waste prevention and management plans in place to forecast outcomes, specifying recycled content when purchasing materials such as paper and packaging, and specifying minimum packaging, reusable packaging and take-back of packaging.

  The Scottish Government’s current target to recycle 80% of the waste that we produce across our estate by 2011 remains in place and in 2007-08 we achieved a 76% recycle rate for waste.